Leak into downstairs flat

AliceBanned

After the latest email (I am only stating the facts) she has phoned 3 times. I haven't picked up the phone but listened to the message from 3rd call:


'xxx it is,.(he name from (lettings agent). I have read your email. We have been very cooperative and assisted with everything so when you say we have been obstructive and unhelpful I don't understand what is going on. the management co has contacted the landlord we have had a plumber out. if Zurich is your insurance company and can't advise you correctly..they want us to lodge a claim but we don't have a claim to lodge. You need to read the emails carefully and consider what you are doing. This is not somebody you can be abusive and harrass. If you want to call the police please go ahead and do it. Everything is on file. I am going to take a serious note. Next time I will not assist you with anything because you have been rude and aggressive".


Well no she hasn't assisted because she is now backtracking on her original statement that there was a tap left on overnight whilst the tenants were away. I've ignored this message and a threatening email from her. She is handling it badly and with no consideration for anyone but her client - she is the one being abusive - I am just trying to go through this properly and assert my rights ie to have my bathroom restored. She is blaming half the block when the flat above me is the first port of call for the insurance company to rule out a problem - and she won't agree to them going in.


There is no way I have been rude. I am not a rude person or an aggressive person. She knows I live alone and she is the one being aggressive. I just can't get this sorted and now I am being silenced by intimidating voicemail messages from a so-called professional!!!


Estate agents - no wonder they have a terrible reputation. I know many are fine but she really is fighting dirty when there really is no fight. It isn't her flat, it isn't her home, she is protecting her client fair enough but all I pointed out in my email that her client could be liable if they do not allow us to have the flat inspected and to get a search done for the leak.


It's just childish and ridiculous of them - throwing their weight around. The full weight of the law..? a lettings agency? against a leaseholder with a negligence claim? What is she on?! Awful, truly awful behaviour.

paddypaws101

Try appointing a Loss Assesser...the equivalent of a Loss adjustor that the insurance companies use to fight THEIR corner.
Their fee will be charged to the insurance claim and you need not have any further direct contact with the insurers.
I used Colin here
3counties@concept-solutions.co.uk

southcoastrgi

why do you think you don't owe the 1st plumbers any money ?, if they work as a pair then there would be two, the fact they had an aprentice with them is neither here nor there, how do you think he learns ? by sitting in the van !!, they carried out work in your flat & most trades charge by the hour so it doesn't matter how long they were there, they gave you a price for a job & even offered to take the £60 off the final bill which I think was more than fair, now whether this work was needed is another matter,

you need to get a copy of the block insurance from the management co to see if each flat is covered for water leaks from another flat, I ran a manangement co for the block I lived in yrs ago & our policy didn't cover your problem & each owner was told they had to have their own building insurance for their flat, so you need to check if this is the case with your situation, if so both flats will need to claim off of the flat above's insurance if they have any, if they don't & the LL refuses to pay then you both will need to take him to court

AliceBanned

southcoastrgi wrote: »

why do you think you don't owe the 1st plumbers any money ?, if they work as a pair then there would be two, the fact they had an aprentice with them is neither here nor there, how do you think he learns ? by sitting in the van !!, they carried out work in your flat & most trades charge by the hour so it doesn't matter how long they were there, they gave you a price for a job & even offered to take the £60 off the final bill which I think was more than fair, now whether this work was needed is another matter,

you need to get a copy of the block insurance from the management co to see if each flat is covered for water leaks from another flat, I ran a manangement co for the block I lived in yrs ago & our policy didn't cover your problem & each owner was told they had to have their own building insurance for their flat, so you need to check if this is the case with your situation, if so both flats will need to claim off of the flat above's insurance if they have any, if they don't & the LL refuses to pay then you both will need to take him to court

The first plumbers refused to give me anything in writing. ie about taking the £60 off. All they did was take the bath panel off, then quote me for a new bathroom!! They charged me for a quote!! And they had no problem repaying so that says it all.

AliceBanned

southcoastrgi wrote: »

why do you think you don't owe the 1st plumbers any money ?, if they work as a pair then there would be two, the fact they had an aprentice with them is neither here nor there, how do you think he learns ? by sitting in the van !!, they carried out work in your flat & most trades charge by the hour so it doesn't matter how long they were there, they gave you a price for a job & even offered to take the £60 off the final bill which I think was more than fair, now whether this work was needed is another matter,

you need to get a copy of the block insurance from the management co to see if each flat is covered for water leaks from another flat, I ran a manangement co for the block I lived in yrs ago & our policy didn't cover your problem & each owner was told they had to have their own building insurance for their flat, so you need to check if this is the case with your situation, if so both flats will need to claim off of the flat above's insurance if they have any, if they don't & the LL refuses to pay then you both will need to take him to court

OK thanks I will check the block insurance.


Part of the problem has been difficulty in getting any information from the housing assoc and getting different bits of information about what to do. The housing assoc want nothing to do with it, the insurer is messing up by basically asking me to liaise with the lettings agent above. It's a mess!


The post above about a loss assessor is a great idea. If I can I will go down this route, then I don't have to continue another week going round in circles with all these muppets!

AliceBanned

paddypaws101 wrote: »

Try appointing a Loss Assesser...the equivalent of a Loss adjustor that the insurance companies use to fight THEIR corner.
Their fee will be charged to the insurance claim and you need not have any further direct contact with the insurers.
I used Colin here
[EMAIL="3counties@concept-solutions.co.uk"]3counties@concept-solutions.co.uk[/EMAIL]

Thanks Paddypaws. That link comes up as a risk so I haven't opened. I have found a loss assessor online locally and will give them a ring tomorrow/Mon and discuss. Sees best plan as the insurance co. is just causing more trouble! Awful.

paddypaws101

AliceBanned wrote: »

Thanks Paddypaws. That link comes up as a risk so I haven't opened. I have found a loss assessor online locally and will give them a ring tomorrow/Mon and discuss. Sees best plan as the insurance co. is just causing more trouble! Awful.

ooh don't know why it would show as risk but if you can find someone local that is fine. just make sure they charge their fee to the insurer so you do not pay anything. they do all the calling round and fighting with the insurer and also appoint their own builders to carry out repairs.

AliceBanned

paddypaws101 wrote: »

ooh don't know why it would show as risk but if you can find someone local that is fine. just make sure they charge their fee to the insurer so you do not pay anything. they do all the calling round and fighting with the insurer and also appoint their own builders to carry out repairs.

It's probably just to do with the security on my pc - sometimes it is ott but I thought I'd just ignore the site anyway in case anything was wrong. Thanks for sending it anyway, I have a number to call on Mon. I don't want all this hassle, I can't cope with all the wrangling any more. The loss assessor I looked up takes a cut when the payment is made to the client by the insurer. I think they fight for a better deal, and I do want to claim for the inconvenience/stress/abuse from that silly woman acting on behalf of the flat upstairs, as well as the leak, if I can.


Maybe I can't but she's been bang out of order.

AliceBanned

Yesterday the insurer told me who the letting agents are for the downstairs flat. The landlord lives abroad and I know the guys in the estate agents who do it, as they came to value my flat once and I thought I would definitely approach them in the future as I liked them and they were never pushy etc.


Anyway I mentioned the tap upstairs, the course of events and he was shocked that this lettings agent lady said to me that I need to 'think carefully' blah blah and these veiled threats I've been getting. So I've emailed him the email thread with her, to pass on to the lettings lady in the estate agent for the downstairs flat, tohopefully pass on to the landlord, who at this point believes that the leak is from an overflow pipe and is off the scent of the flat upstairs (unlike me). Nothing may come of it but I've let them know this is not only my understanding of events but that of his tenants. His tenants thought considering the state of their ceiling it is ludicrous that an overflow pipe on the ground floor is being blamed for this.


Anyway, it has all got into a silly blame game and I'm tired and depressed, so can't contact that awful woman ever again, she is a bully.

AliceBanned

I have found this in the lease (the flat upstairs will have same lease):


'Permit entry


At all reasonable times during the term on notice to permit the Landlord and any neighbouring property owners or occupiers upon reasonable notice (save in the case of emergency) with workmen and others to enter the Premises for the purpose of repairing any adjoining or neighbouring premises and for the purpose of repairing maintaining and replacing all sewers drains pipes cables gutters wires party structures or other conveniences belonging to or serving the same the party so entering making good any damage thereby caused to the Premises'.


Should I send it to the estate agent/lettings agency - the annoying condescending woman to let her know that I was in the right and she needs to give in and let the flat above be inspected?